Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Dennis J. CALKINS, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of Counsel), for defendant-appellant.
Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon a plea of guilty of unlawful manufacture of methamphetamine in the third degree (Penal Law § 220.73[1] ), defendant contends that his waiver of the right to appeal is unenforceable and that his sentence is unduly harsh and severe. As the People correctly concede, the record is devoid of a valid waiver of the right to appeal. Although the prosecutor stated during the plea proceeding that a waiver of the right to appeal was a part of the plea agreement, County Court did not engage in any colloquy with defendant concerning the waiver of the right to appeal and thus failed to ensure that there was a knowing, intelligent and voluntary waiver of that right (see generally People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Nevertheless, we conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., LINDLEY, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.